CC Ordinance 2254Ordinance No. 2254
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING TITLES 13 AND 20 OF THE CAMPBELL MUNICIPAL CODE RELATING
TO THE PARK IMPACT FEES AND PARK LAND DEDICATION REQUIREMENTS
FOR DEVELOPMENTS AND SUBDIVISIONS.
After notification and public hearing, as specified by law and after presentation by the
Public Works Director, proponents and opponents, the hearing was closed.
After due consideration of all information presented, the City Council of the City of
Campbell does ordain as follows:
SECTION 1. The City Council finds and determines that the adoption of this ordinance is
exempt from the California Environmental Quality Act (CEQA) pursuant to Public
Resource Code Section 21065 which exempts the adoption of an ordinance by a city or
county to implement a fee program. CEQA specifically excludes government fiscal
activities which do not involve any commitment to any specific project which may result in
a potentially significant physical impact on the environment pursuant to CEQA Guidelines
§ 15378.
SECTION 2. The City Council further finds and determines that the proposed ordinance
is consistent with the goals, policies, and actions of the General Plan; specifically, the
Open Space Element, including but not limited to the goal of providing three (3) acres of
park land for every 1,000 residents.
SECTION.3. The City Council further finds and determines that the purpose of the fees
imposed or land required to be dedicated pursuant to this ordinance is for developing
new or rehabilitating existing park or recreational facilities within the City. It is recognized
and understood that the City is compact, comprising approximately six square miles, and
consequently parks located throughout the City are accessible to, and used by persons
residing in all parts of the City. The dedicated land and the fees imposed shall
accordingly be used to develop or rehabilitate parks and recreational facilities within the
City in accordance with the City's General Plan. Residential development increases the
number of residents in the City, and thereby creates a greater demand for park and
recreational facilities. The dedication and fee requirements imposed under this ordinance
are to provide for three acres of park and recreational facilities for each 1,000 new
residents, or proportion thereof, generated by new residential development. The number
of residents per unit of new development is determined by the average number of
occupants revealed by the most recent census information. The fees are determined by
multiplying a number no greater than the fair market value of real property in the City on a
per acre basis with number of acres of land necessary to provide three acres for every
1,000 new residents generated by the new development. Where allowed by law, the cost
of improving the land with park and recreational facilities is to serve the new residents is
then added. Based on these findings, the City Council further finds and concludes: (a)
there is a reasonable relationship between the use of the land or fee and the type of
development project on which the dedication or fee is imposed; (b) there is a reasonable
relationship between the need for the public facilities and the type of development project
on which the dedication or fee is imposed; and there is a reasonable relationship
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between the amount of the dedication or fee and the cost of the public facility or portion of
the public facility attributable to the development on which the 'dedication or fee is
imposed.
SECTION 4. General standard: Campbell Municipal Code Section 13.08.040 (General
standard) is 'amended to read as follows with underlining indicating . new -text and
strikeouts (s#gut) indicating deleted text:
The public interest, convenience, health, welfare and safety require that few three acres
of property be devoted and developed for park and recreational purposes for each one
thousand persons currently residing or who may in the future reside within the city, as
determined in the open space element of the general plan of the city.
SECTION 5. Standards and formula for dedication of land: Subsection (a) of Campbell
Municipal Code Section 13.08.050 (Acreage Formula) is amended to read as follows with
underlining indicating new text and strikeouts (StFi eeui) indicating deleted text:
(a) Acreage Formula. The formula for determining the amount of acreage to be dedicated and improved
for recreation purposes and/or the equivalent fee to be paid shall be as follows:
Number of
Average number of
4 3.0 acres
Additional units
x
persons per unit
x
1,000 population .
Example of a single-family dwelling unit:
1 unit x 3442.72 persons per unit x 4:0-3.0 acres per = :83256.0.00816 acres
1,000 persons
SECTION 6. Standards and formula for dedication of land: Subsection (b) Campbell
Municipal Code Section 13.08.050 (Mixed Use Developments) is amended to read as
follows with underlining indicating new text and strikeouts (s*��ut) indicating deleted
text:
(b) Mixed Use Developments. Developments which allow residential units mixed on the
same parcel or within the same development with nonresidential uses shall dedicate
land and/or pay a fee based on the paFk-aGFeage fr,.AuIa ane the averaaa nu -hp
feq. +re ter actual number of residential units and unit types
Page 2 of 8.
SECTION 7. Persons per unit: Campbell Municipal Code Section 13.08.060 (Persons per
unit) is amended to read as follows with underlining indicating new text and strikeouts
(r*�^et) indicating deleted text:
For purposes of the formulas set forth in this code, the number of people per dwelling unit, as
established by the most recent available federal census, shall be as follows:
J].,.^Iv�rcTRi +Rit
crRs;g; A
. Ar_'reage_ o.,....:a..... eRt
^,
Ae a A,/g42+sefis
Less
6 less tha
13 less than 21
4.N
A 8Fe than 21 aR
^ : I'. _.
d
Mi*ed use d^ ^I^^
eRt
(See c^..t: 73 08 nrn(h)),
Acreage Requirements by Unit Type
Persons
Acreage Requirement
Dwelling Unit Type
per Unit
per Unit Based on
3 Acres/1,000 Persons
Single-family
2.72
0.00816
Page 3 of 8
M u Iti-fa m i Iv 1.93 0.00579
SECTION 8: Park Impact Fee Definition: Campbell Municipal Code section 20.24.020
(Definitions) is amended to read as follows, with underlining indicating. new text and
strikeouts (c*Fi'outs) indicating deleted text:
20.24.020 - Definitions.
(a) "Apartment conversions" means any project involving the conversion of existing
apartment units into stock cooperatives, condominiums or townhouses which
consists of the subdivision of air space.
(b) "Children's play apparatus area" means an area which encompasses children play
facilities such as swings, slides, sandboxes, climbing structures and associated
open areas.
(c) "Dependent care facility" means a building or facility designed for the care of
persons that require hospitalization, are not independently mobile and are unable
to use park facilities unassisted. A convalescent hospital is an example of a
dependent care facility.
(d) "Developer" means any person, individual, owner or applicant that seeks to obtain
building permits to construct added residential units on any parcel within the city.
(e) "Developments" means building projects which include the construction of
residential units for which building permits are required.
(f) "Fair market value" means the monetary value of the land based on the sales price
of comparable residential and commercial land, using accepted professional
appraisal practices.
(g) "Family picnic area" means an outdoor eating area which encompasses facilities
such as barbecues, tables and benches, covered eating areas, and associated
lawn and tree areas of sufficient size and distance. from other activities to avoid
conflicts between uses.
(h) "Game court area" means an area consisting of built-in facilities on hardscape and
landscape surfaces to accommodate activities or games, such as, lawn -bowling,
basketball, shuffleboard, volleyball and badminton.
(i) "Improvements" means any and all improvements necessary to render a site
functional for park purposes including irrigation systems, turfed areas, hardscape
areas, plant materials, play apparatus, fencing, pedestrian and bicycle pathways,
play surfaces such as basketball courts, tennis courts and other similar
improvements, as deemed appropriate by the city.
(j) "Junior accessory dwelling unit" means the same as "Junior accessory dwelling
unit" as defined in Title 21 of this code.
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(}k) "Landscape park -like and quiet areas" means landscaped areas typically
consisting of turf and expansive trees of sufficient size and location to be
reasonably isolated from the noise or activity of other areas of the development
and adjacent uses.
(kl) "Legally constructed unit" means any building or portion thereof which contains
living facilities, including provisions for sleeping, eating, cooking and sanitation as
required by the Uniform Building Code and for which building permits were issued,
inspections conducted and approved and a final certificate of occupancy issued, in
accordance with the building codes then in effect, and the ordinances of the city.
Legally constructed units shall include those demolished units that met the above
definition when constructed, provided they existed within two years of dedication of
park land or payment of the park fee required under this chapter.
(m) "Multi -family dwelling" means the same as "Multi -family dwelling" as defined in
Title 21 of this code. For the purposes of this Chapter, any residential unit type not
considered to be a Single-family dwelling or a Secondary living unit will be
considered a Multi -family dwelling (i.e. "Duplex" "Triplex" ''Fourplex" etc.)
(tn) "Non-residential building(s) or structures(s)" means any building or structure which
is not used or intended to be used for residential occupancies as permitted by the
Uniform Building Code and the residential zones of the city.
(a o) "Park land obligation" means the amount of land dedication or park fees in lieu
thereof that is required by this chapter to serve the open space needs of the
development project or subdivision.
(p) "Primary dwelling unit" means the same as "Primary dwelling unit" as defined in
Title 21 of this code.
(+kg) "Recreation center building" means a building of sufficient size and a reasonably
central location to residents of the development and which provides meeting
rooms, activity rooms, and indoor active and passive recreation activities such as
sitting or reading areas, pool tables, game rooms, and other similar facilities.
(er) "Secondary living units" means any accessory dwelling units and caretaker or
employee housing units as so defined in Title 21 of this code_ O esideetial
(ps) "Specialized housing development" means any housing development which allows
limited occupancies which have specialized open space needs that would not be
adequately served by the open space amenities described in Section
20.24.110(b), with occupancy controlled via a covenant with the city named as a
third party beneficiary. Examples of specialized housing developments could
include senior or handicapped housing projects.
(t) "Single-family dwelling" means the same as "Single-family dwellings" as defined in
Title 21 of this code.
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(qu) "Subdivider" means the same as set forth in California Government Code Section
66423 or its successor.
(fv_) "Subdivision" means the same as set forth in California Government Code Section
66424 or its successor.
(sw) "Swim pool and adjacent areas" means a pool with dimensions of forty-two feet by
seventy-five feet, with adjacent decks and fenced or enclosed areas, or such
dimensions as determined by the city manager or his/her designee meet the
recreation demands of the subdivision or development.
(tx) "Turf playfield" means an expansive and unobstructed lawn area of sufficient size
to accommodate team play activities for such sports as football, soccer or baseball
and which is landscaped around the perimeter with extensive trees and shrub
materials to buffer the activities from adjacent residential units.
SECTION 9. General standard: Campbell Municipal Code Section 20.24.040 (General
standard) is amended to read as follows with underlining indicating new text and
strikeouts (ctFkeout) indicating deleted text:
20.24.040 - General standard.
The public interest, convenience, health, welfare and safety require that fGW three acres
of property be devoted and developed for park and recreational purposes for each one
thousand persons currently residing or who may in the future reside within the city, as
determined in the open space element of the general plan of the city.
SECTION 10. Standards and formula for dedication of land: Subsection (b) of Campbell
Municipal Code Section 20.24.050 (Acreage Formula) is amended to read as follows with
underlining indicating new text and strikeouts (strikeou ) indicating deleted text:
(b) Acreage Formula. The formula for determining the amount of acreage to be dedicated and improved
for recreation purposes or the equivalent fee to be paid shall be as follows:
Number of
Average number of
3 acres
additional units
x
persons per unit
x
1,000 population
Example of a six -lot single-family subdivision:
6 x parcels
P
� 2•72 Persons x
per parcel
3.0 acres per 1,000 persons
= .0961P 0.04896 acres
Page-6 of 8
SECTION 11. Standards and formula for dedication of land: Subsection (d) of Campbell
Municipal Code Section. 20.24.050. (Mixed Use Subdivisions) is amended to read as
follows with underlining indicating new text and strikeouts (t-�) indicating deleted
text:
Mixed Use Subdivisions. Subdivisions which allow residential units mixed on the same
parcel with nonresidential units shall dedicate land and/or pay a fee based on the park
acreage .formula using the .ayeFag w ^f exoeGtedin the F%iW in 4hi.+een
V - -__ I _ ,___ _"_J, ._...J�1 �.....vvv •. V MVI.cIV1_I
the Gity G8UF;eil at the Aime of tentative Fnap appFeval that. 41he unit size and GhaFaeteFiS
it... .. 1
ea'Gulate the acreage . actual number of residential units and unit types
SECTION 12. Persons per unit: Campbell Municipal Code Section 20.24.060 (Persons
per unit) is amended to read as follows with underlining indicating new text and strikeouts
(seeut) indicating deleted text:
For purposes of the formulas set forth in this chapter, the number of people projected to occupy the
subdivision and the resulting acreage requirement per dwelling unit, as established by the most recent
available federal census, is as follows:
Page 7 of 8
.00483
Acreage Requirements by Unit Type
Acreage Requirement
Persons
Dwelling Unit Type
er Unit
per Unit Based on
3 Acres/1,000 Persons
Single-family
2.72
0.00816
Multi -family
F_ 1.93
0.00579
SECTION 13. Secondary living units: New Subsection (e) (Secondary living units) is
hereby added to Section 20.24.080 (Amount of fee in lieu of land dedication) of the
Campbell Municipal Code to read as follows:
(e) Secondary living units. The in -lieu fee for secondary living units shall be
calculated in accordance with State law.
SECTION 14. Junior accessory dwelling units: New. Subsection (f) (Junior accessory
dwelling units) is hereby added to Section 20.24.080 (Amount of fee in lieu of land
dedication) of the Campbell Municipal Code to read as follows:
(f) Junior accessory dwelling units. Junior accessory dwelling units shall be exempt
from the payment of in -lieu fees.
SECTION 15. This Ordinance shall become effective sixty (60) days following its passage
and adoption and shall be published, one time within fifteen (15) days upon passage and
adoption in the Campbell Express, a newspaper of general circulation in the City of
Campbell, County of Santa Clara.
PASSED AND ADOPTED this 19th day of November, 2019 by the following roll call vote:
AYES: Councilmembers: Resnikoff, Bybee, Gibbons, Landry, Waterman
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Page 8 of 8
ATTEST:
Wendy ITV od, City Clerk
APPR , VE
Richard M. aterman, Mayor
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